15 U.S.C. § 1681h

Conditions and form of disclosure to consumers

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(a) In general(1) Proper identification

A consumer reporting agency shall require, as a condition of making the disclosures required under section 1681g of this title, that the consumer furnish proper identification.

(2) Disclosure in writing

Except as provided in subsection (b), the disclosures required to be made under section 1681g of this title shall be provided under that section in writing.

(b) Other forms of disclosure(1) In generalIf authorized by a consumer, a consumer reporting agency may make the disclosures required under 11 So in original. Probably should be followed by “section”. 1681g of this title—(A) other than in writing; and(B) in such form as may be—(i) specified by the consumer in accordance with paragraph (2); and(ii) available from the agency.(2) FormA consumer may specify pursuant to paragraph (1) that disclosures under section 1681g of this title shall be made—(A) in person, upon the appearance of the consumer at the place of business of the consumer reporting agency where disclosures are regularly provided, during normal business hours, and on reasonable notice;(B) by telephone, if the consumer has made a written request for disclosure by telephone;(C) by electronic means, if available from the agency; or(D) by any other reasonable means that is available from the agency.(c) Trained personnel

Any consumer reporting agency shall provide trained personnel to explain to the consumer any information furnished to him pursuant to section 1681g of this title.

(d) Persons accompanying consumer

The consumer shall be permitted to be accompanied by one other person of his choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer’s file in such person’s presence.

(e) Limitation of liability

Except as provided in sections 1681n and 1681o of this title, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency, based on information disclosed pursuant to section 1681g, 1681h, or 1681m of this title, or based on information disclosed by a user of a consumer report to or for a consumer against whom the user has taken adverse action, based in whole or in part on the report 22 So in original. Probably should be followed by a comma. except as to false information furnished with malice or willful intent to injure such consumer.

(Pub. L. 90–321, title VI, § 610, as added Pub. L. 91–508, title VI, § 601, Oct. 26, 1970, 84 Stat. 1131; amended Pub. L. 104–208, div. A, title II, § 2408(e)(1), (4), (5)(B), Sept. 30, 1996, 110 Stat. 3009–438, 3009–439.)Editorial NotesAmendments

1996—Pub. L. 104–208, § 2408(e)(5)(B), inserted “and form” after “Conditions” in section catchline.

Subsec. (a). Pub. L. 104–208, § 2408(e)(1), inserted heading and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “A consumer reporting agency shall make the disclosures required under section 1681g of this title during normal business hours and on reasonable notice.”

Subsec. (b). Pub. L. 104–208, § 2408(e)(1), inserted heading and amended text of subsec. (b) generally. Prior to amendment, text read as follows: “The disclosures required under section 1681g of this title shall be made to the consumer—

“(1) in person if he appears in person and furnishes proper identification; or

“(2) by telephone if he has made a written request, with proper identification, for telephone disclosure and the toll charge, if any, for the telephone call is prepaid by or charged directly to the consumer.”

Subsec. (e). Pub. L. 104–208, § 2408(e)(4), inserted “or based on information disclosed by a user of a consumer report to or for a consumer against whom the user has taken adverse action, based in whole or in part on the report” before “except”.

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by Pub. L. 104–208 effective 365 days after Sept. 30, 1996, with special rule for early compliance, see section 2420 of Pub. L. 104–208, set out as a note under section 1681a of this title.

Effective Date

Section effective upon the expiration of one hundred and eighty days following Oct. 26, 1970, see section 504(d) of Pub. L. 90–321, as added by Pub. L. 91–508, set out as a note under section 1681 of this title.

Notes of Decisions

Cited in 334 cases (88 in the last 5 years), 1973–2026 · leading case: Ross v. Fed. Deposit Ins., 625 F.3d 808 (4th Cir. 2010).

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Ross v. Fed. Deposit Ins., 625 F.3d 808 (4th Cir. 2010). · cites it 7× “And though Ross contends her claims are expressly authorized by another FCRA provision, 15 U.S.C. § 1681h(e), she fails to present evidence that WaMu acted with the “malice or willful intent to injure” necessary to benefit from this section.”

Greenwood Trust Co. v. Conley, 938 P.2d 1141 (Colo. 1997). · cites it 12× “" 15 U.S.C. § 1681h(e) (1994) (emphasis added).”

Johnson v. Citimortgage, Inc., 351 F. Supp. 2d 1368 (N.D. Ga. 2004). · cites it 6× “Additionally, according to Citimortgage, 15 U.S.C. § 1681h(e) preempts state law claims of defamation “except as to false information furnished with malice or willful intent to injure such consumer,” and Plaintiffs allegations do not meet this heightened standard.”

Burrell v. Dfs Servs., LLC, 753 F. Supp. 2d 438 (D.N.J. 2010). · cites it 5× “In doing so, they note two sections of that statute, 15 U.S.C. §§ 1681h(e) and 1681t(b)(l)(F), that contain language preempting virtually all state law causes of action.”

Tucker v. Specialized Loan Servicing, LLC, 83 F. Supp. 3d 635 (D. Maryland 2015). · cites it 3× “” 15 U.S.C. § 1681h(e). Yet, it carves out an exception for consumer defamation claims regarding “false information furnished with malice or willful intent to in *653 jure such consumer.”

Johnson v. Wells Fargo Home Mortg., Inc., 635 F.3d 401 (9th Cir. 2011). · cites it 3× “§§ 1681g & 1681h, and held that the claim was therefore preempted under 15 U.S.C. § 1681h(e), the narrower of the two arguably applicable FCRA preemption provisions.”

Kevin Kelly v. RealPage Inc, 47 F.4th 202 (3rd Cir. 2022). · cites it 2× “15 U.S.C. § 1681h(a)(1). A third-party requester would be incapable of compliance with this prerequisite for disclosure.”

Wada v. Aloha King, LLC, 154 F. Supp. 3d 981 (D. Haw. 2015). · cites it 7× “Preemption Pursuant to 15 U.S.C. § 1681h(e) of the Fair Credit Reporting Act ' Defendants/Cross-Defendants Abso/SterlingBackcheck contend that the negligence claims in Plaintiffs’ First Amended Complaint and the Crossclaim filed by Cross-Claimant TSS Staffing Agent are preempted…”

Stafford v. Cross Country Bank, 262 F. Supp. 2d 776 (W.D. Ky. 2003). · cites it 3× “15 U.S.C. § 1681h(e). To start, § 1681h(e) does not provide qualified immunity for either the harassment or invasion of privacy claims.”

McCloud v. Homeside Lending, 309 F. Supp. 2d 1335 (N.D. Ala. 2004). · cites it 8× “15 U.S.C. § 1681h(e). D. Preemption under §§ 1681h(e) and 1681t(b)(l)(F) No federal court of appeals has addressed the issue of preemption of state-law tort claims accompanying a claim under the FCRA.”

Morris v. Equifax Info. Servs., LLC, 457 F.3d 460 (5th Cir. 2006). · cites it 3× “” 15 U.S.C. § 1681h (1998). 7 . Section 1681a provides: "(g) The term 'file', when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.”

Ross v. Washington Mut. Bank, 566 F. Supp. 2d 468 (E.D.N.C. 2008). · cites it 6× “at 1131-32 (codified as amended at 15 U.S.C. § 1681h). Section 1681h(e) provides: Except as provided in sections 1681n and 1681o of this title, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the…”

Show all 334 citing cases →

— 15 U.S.C. § 1681h(a) — 3 cases

Wiggins v. Equifax Servs., Inc., 848 F. Supp. 213 (D.D.C. 1993).

Howley v. Experian Info. Solutions, Inc., 813 F. Supp. 2d 629 (D.N.J. 2011).

Milbauer v. TRW, INC., 707 F. Supp. 92 (E.D.N.Y 1989).

— 15 U.S.C. § 1681h(a)(1) — 5 cases

Kevin Kelly v. RealPage Inc, 47 F.4th 202 (3rd Cir. 2022). “15 U.S.C. § 1681h(a)(1). A third-party requester would be incapable of compliance with this prerequisite for disclosure.”

Neclerio v. Trans Union, LLC, 983 F. Supp. 2d 199 (D. Conn. 2013).

CFHC v. CoreLogic Rental Prop. Sols. (2d Cir. 2026).

Christine Baker v. Midland Funding, LLC, 692 F. App'x 956 (9th Cir. 2017).

McAfee (S.D. Ohio 2025).

— 15 U.S.C. § 1681h(a)(2) — 1 case

McAfee (S.D. Ohio 2026).

— 15 U.S.C. § 1681h(a)(l) — 1 case

Holmes v. Telecheck Int'l, Inc., 556 F. Supp. 2d 819 (M.D. Tenn. 2008).

— 15 U.S.C. § 1681h(b) — 1 case

King v. Equifax Info. Servs., LLC (N.D. Cal. 2023).

— 15 U.S.C. § 1681h(b)(2) — 2 cases

Cisneros v. U.D. Registry, Inc., 95 Cal. Daily Op. Serv. 8240 (Cal. Ct. App. 1995).

Opay v. Experian Info. Solutions, Inc., 681 N.W.2d 394 (Minn. Ct. App. 2004).

— 15 U.S.C. § 1681h(b)(l) — 1 case

Cisneros v. U.D. Registry, Inc., 95 Cal. Daily Op. Serv. 8240 (Cal. Ct. App. 1995).

— 15 U.S.C. § 1681h(c) — 1 case

Holmes v. Telecheck Int'l, Inc., 556 F. Supp. 2d 819 (M.D. Tenn. 2008).

— 15 U.S.C. § 1681h(d) — 2 cases

Kevin Kelly v. RealPage Inc, 47 F.4th 202 (3rd Cir. 2022). “15 U.S.C. § 1681h(a)(1). A third-party requester would be incapable of compliance with this prerequisite for disclosure.”

Milbauer v. TRW, INC., 707 F. Supp. 92 (E.D.N.Y 1989).

— 15 U.S.C. § 1681h(e) — 301 cases

Ross v. Fed. Deposit Ins., 625 F.3d 808 (4th Cir. 2010). “And though Ross contends her claims are expressly authorized by another FCRA provision, 15 U.S.C. § 1681h(e), she fails to present evidence that WaMu acted with the “malice or willful intent to injure” necessary to benefit from this section.”

Greenwood Trust Co. v. Conley, 938 P.2d 1141 (Colo. 1997). “" 15 U.S.C. § 1681h(e) (1994) (emphasis added).”

Johnson v. Citimortgage, Inc., 351 F. Supp. 2d 1368 (N.D. Ga. 2004). “Additionally, according to Citimortgage, 15 U.S.C. § 1681h(e) preempts state law claims of defamation “except as to false information furnished with malice or willful intent to injure such consumer,” and Plaintiffs allegations do not meet this heightened standard.”

Burrell v. Dfs Servs., LLC, 753 F. Supp. 2d 438 (D.N.J. 2010). “In doing so, they note two sections of that statute, 15 U.S.C. §§ 1681h(e) and 1681t(b)(l)(F), that contain language preempting virtually all state law causes of action.”

Tucker v. Specialized Loan Servicing, LLC, 83 F. Supp. 3d 635 (D. Maryland 2015). “” 15 U.S.C. § 1681h(e). Yet, it carves out an exception for consumer defamation claims regarding “false information furnished with malice or willful intent to in *653 jure such consumer.”

— 15 U.S.C. § 1681h(e)(1994) — 1 case

Conley v. Greenwood Trust Co., 923 P.2d 307 (Colo. Ct. App. 1996).

— 15 U.S.C. § 1681h(e)(2006) — 1 case

Wolgin v. Experian Info. Solutions, Inc., 101 So. 3d 1160 (Miss. 2012).

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